The moment your child turns 18, your automatic right to access their medical information or make healthcare decisions on their behalf disappears. Legally, they are adults — and HIPAA strictly prevents healthcare providers from sharing their medical information with anyone, including parents, without the child’s explicit consent.

This often comes as a shock during a stressful time, like a college visit to the emergency room or a sudden illness away from home. Without the proper legal documents in place, doctors may be legally prohibited from sharing information with you or following your wishes, no matter how dire the situation.

What Is a Healthcare Power of Attorney?

A Healthcare Power of Attorney (HCPOA), also known as a Medical POA or Durable Power of Attorney for Healthcare, is a legal document that allows your adult child to designate someone they trust to make healthcare decisions for them if they become incapacitated. This includes consenting to treatments and surgeries, accessing medical records, and communicating with healthcare providers.

Why It Matters When They Turn 18

  • HIPAA Laws: Once your child is 18, HIPAA prevents providers from sharing any medical information with parents without the child’s explicit consent — even in an emergency.
  • Medical Emergencies: If your child is unconscious or unable to communicate, without an HCPOA, you may not be able to get information, make decisions, or authorize treatment.
  • Mental Health: This applies equally to mental health crises — another area where parents are often shut out without proper documentation.

What to Do

  • Have the conversation with your child before their 18th birthday.
  • Work with an attorney to prepare an HCPOA and a HIPAA authorization form.
  • Store copies with the child, at home, and digitally so they are accessible in an emergency.
  • Review documents periodically, especially after a major life change.

For families with a child who has a disability, this conversation may need to happen earlier and with additional consideration for guardianship, representative payee, and ABLE account management. These decisions are connected — planning them together leads to better outcomes.